The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Kondrajian

The Trustees of the Roman Catholic Church for the Archdiocese of Sydney (appellants) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The respondent, Ms. Kondrajian, had brought proceedings against the appellants alleging personal injury, specifically nervous shock, arising from a sporting accident that occurred while she was a student at a school conducted by the appellants. The District Court had found in favour of Ms. Kondrajian.

The central legal issues before the Court of Appeal were whether the appellants owed a duty of care to Ms. Kondrajian in relation to the risk of nervous shock arising from the sporting accident, and if so, whether they had breached that duty. The court was required to consider the foreseeability of the risk of nervous shock in the context of school sporting activities and the extent of the duty of care owed by a school to its students in such circumstances.

The Court of Appeal reasoned that while schools owe a duty of care to their students, this duty does not extend to protecting them from all foreseeable risks of injury, particularly those inherent in sporting activities. The court found that the risk of nervous shock, in the circumstances of this case, was not so foreseeable as to impose a positive duty on the school to take specific steps to prevent it. The court applied principles of negligence, focusing on the scope of the duty of care and the assessment of foreseeability of harm.

Ultimately, the Court of Appeal upheld the appeal, dismissed the cross-appeal, and set aside the orders of the District Court. Judgment was entered in favour of the appellants, and the respondent's claim was dismissed. The respondent was ordered to pay the costs of the action and the appeal, and was entitled to a certificate under the Suitors Fund if qualified.